Opinion
No. 14-08-01042-CV
Opinion filed January 15, 2009.
On Appeal from the 334th District Court, Harris County, Texas, Trial Court Cause No. 2008-55576.
Panel consists of Chief Justice HEDGES and Justices ANDERSON and SEYMORE.
MEMORANDUM OPINION
Appellant filed a notice of appeal on October 13, 2008, and this appeal was assigned to this Court. On December 10, 2008, appellant filed a motion to abate the appeal. In his motion, appellant asserts that the underlying case was not dismissed and he erroneously filed a notice of appeal. He asks that the appeal be abated until a final order has been entered.
According to appellant's motion, no final judgment or other appealable order has been signed. Therefore, this Court lacks jurisdiction over the attempted appeal. Generally, appeals may be taken only from final judgments. Lehmann v. Har Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). Interlocutory orders may be appealed only if permitted by statute. Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352, 352 (Tex. 2001); Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992) (orig. proceeding).
On December 18, 2008, notification was transmitted to the parties of this court's intention to dismiss the appeal for want of jurisdiction unless appellant filed a response demonstrating grounds for continuing the appeal on or before January 5, 2009. See TEX. R. APP. P. 42.3(a). Appellant filed no response.
Accordingly, the appeal is ordered dismissed and appellant's motion to abate is denied.